An E-2 Visa is a specific type of U.S. visa designed for entrepreneurs, investors, and certain employees of a qualifying company. Understanding the parameters for employees, specifically those in executive or supervisory roles, is crucial for those seeking this visa type. We discuss the E-2 visa for executive and supervisory positions below.
Qualifying as an Executive or Supervisory Employee for an E-2 Visa
When qualifying as an executive or supervisory employee, looking at the guidelines in 9 FAM 402.9-7(B) is vital. This document outlines three main factors that are considered during the evaluation process.
- The Position and Responsibilities – The evaluation begins by thoroughly reviewing the applicant’s destined role within the firm. This includes their title, the role’s place in the organizational structure, and the duties associated with the position. Other considerations are the extent of the applicant’s control over the firm’s operations or a significant component thereof, the number and skill level of the employees they supervise, their pay level, and whether they possess relevant executive or supervisory experience.
- The Nature of the Role – Is the executive or supervisory element of the role a principal and primary function? An E classification would likely be suitable if a position mainly requires management skills, involves key supervisory responsibility for a substantial part of the firm’s operations, and only incidentally includes routine substantive staff work. However, if the position primarily involves routine work and only secondarily supervises low-level employees, it would not be deemed executive or supervisory.
- The Weight of Each Factor – The importance of each factor can vary from case to case. For instance, the title of ‘vice president’ or ‘manager’ may help assess the supervisory nature of a position if the applicant is coming to a significant operation with numerous employees. However, if the applicant is coming to a small two-person office, such a title would hold little significance.
Understanding these factors and how they apply to your situation is key to determining your potential eligibility as an executive or supervisory employee under the E-2 Visa. Remember, every case is unique, so it’s essential to consult with an immigration expert when exploring your options.
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You may have questions regarding E-2 Investor Visas for Executives and Supervisors. We invite you to contact our team at Richards and Jurusik for detailed guidance and assistance. We aim to provide the most accurate and up-to-date information to make your immigration process smoother and less stressful. The immigration lawyers at Richards and Jurusik have decades of experience helping people to work and live in the United States. Read some of our hundreds of 5-star client reviews! Contact us today to assess your legal situation.
